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N.L.R.B. v. U.S. POSTAL SERVICE

No. 92-3741.

18 F.3d 1089 (1994)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, Third Circuit.

Decided March 14, 1994.

Attorney(s) appearing for the Case

Jerry M. Hunter, Gen. Counsel, Yvonne T. Dixon, Acting Deputy Gen. Counsel, Nicholas E. Karatinos, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, David A. Fleischer (argued), Sr. Atty., N.L.R.B., Washington, DC, for petitioner.

Anton G. Hajjar (argued), Lee W. Jackson, O'Donnell, Schwartz & Anderson, Washington, DC, Nancy B.G. Lassen, Willig, Williams & Davidson, Philadelphia, PA, for intervenors American Postal Workers Union, AFL-CIO.

R. Andrew German, Chief Counsel, Stephen E. Alpern (argued), Sr. Counsel, Appellate Div., U.S. Postal Service, Washington, DC, for respondent.

Before: STAPLETON, HUTCHINSON and ROTH, Circuit Judges.

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Before us is a petition from the National Labor Relations Board ("the Board") for enforcement of an order, 308 N.L.R.B. No. 189, 1992 WL 296020 (Sept. 30, 1992). The Board ruled that Respondent United States Postal Service had violated Subsections 8(a)(5) and (1) of the National Labor Relations Act ("the NLRA"), 29 U.S.C. § 158(a)(5) and (1), in two ways: first, by refusing to bargain with its employees...

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